Appellate Division of the Supreme Court of the State of New York May 22, 1987 (Woodruff v. Aetna Casualty & Surety Co.)

Order insofar as appealed from unanimously reversed on the law without costs and defendant’s motion to dismiss second cause of action granted. Memorandum: Plaintiffs second cause of action against his insurer seeking punitive damages and damages for embarrassment because of the insurer’s refusal to pay for a fire loss should have been dismissed for failure to state a cause of action (see, Philips